Recent Judgements Flashcards
Aadhaar Verdict, 2018
The Supreme Court upheld the Aadhaar scheme as constitutionally valid. However, the apex court’s five-judge constitution bench also struck down several provisions in the Aadhaar Act.
Adultery Verdict
In a landmark judgement in 2018, the Supreme Court scrapped the 150-year old adultery law.
Article 21 and Article 14.
Sabarimala Verdict
In a 4-1 majority decision, the Supreme Court on September 28, 2018 lifted the ban, which it termed as a violation of women’s right to practice religion.
Former Chief Justice Dipak Misra, Justice AM Khanwilkar, Justices Rohinton F Nariman and Dhananjaya Y. Chandrachud concurred with each other while Indu Malhotra dissented saying that courts shouldn’t determine which religious practices should be struck down or not.
Section 377 Partly Struck Down (Decriminalization)
The Supreme Court in a landmark judgment legalised gay sex by holding that sex between two consenting adults is not a crime.
Euthanasia Verdict
The Supreme Court said passive euthanasia is permissible. The Supreme Court gave legal sanction to passive euthanasia in a landmark verdict, permitting ‘living will’ by patients on withdrawing medical support if they slip into irreversible coma. Supreme Court recognised the right to die with dignity as a fundamental right.
Supreme Court upholds SC/ST Amendment Act
Supreme Court has upheld the amended SC/ST Amendment Act of 2018 in which preliminary inquiry is not a must and no prior approval is also required for senior officers to file FIRs in cases of atrocities on SC and ST. The Court upheld the constitutionality of Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018.
The sole purpose of Section 18A was to nullify a controversial March 20, 2018, judgment of the Supreme Court diluting the stringent anti-bail provisions of the original Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989.
Reservation in Promotion is not a Fundamental Right
The Supreme Court has ruled that reservation in promotion is not a fundamental right and the states cannot be compelled to make laws in this regard for Scheduled Castes (SC) and Scheduled Tribes (ST).
Chief Justice of India under Right to Information : Supreme Court of India vs Subhash Chandra Agarwal
Justice Sanjiv Khanna said the independence and accountability go hand in hand and that independence of the judiciary can’t be ensured only by denying information.
5-judge Constitution Bench of Supreme Court declared that the Office of the Chief Justice of India (CJI) is a ‘public authority’ under the Right to Information (RTI) Act.
Supreme Court declared Private Property is a Human Right
The state cannot deprive citizens of their property without the sanction of law in a democratic polity governed by the rule of law.
Doctrine of Adverse Possession: The state cannot trespass into the private property of a citizen and then claim ownership of the land in the name of ‘adverse possession. Grabbing private land and then claiming it as its own makes the state an encroacher.
The case was of an 80-year-old woman whose 3.34-hectare land was forcibly taken by the Himachal Pradesh Government in 1967, for constructing a road.
The Court used its jurisdiction under Article 136 and Article 142 of the Constitution to direct the government to pay the woman compensation of 1 crore rupees.
No Double Jeopardy Bar if there was No Trial : State of Mizoram vs. Dr. C. Sangnghina
In a recent judgment (State of Mizoram vs. Dr. C. Sangnghina), SC has held that the bar of double jeopardy will not apply if the person was discharged due to lack of evidence.
Both Article 20(2) of the Constitution of India and Section 300 of the Criminal Procedure Code say that no person shall be prosecuted and punished for the same offense more than once.
Supreme Court modifies its order on Dowry Harassment Law
No need for a family welfare committee to examine complaints.
Anticipatory bail provision shall remain intact for the husband and his family members.
Non-cognisable and non-bailable.
Centre can’t withhold docs under RTI citing National Security
Justice Joseph said the RTI Act through Section 8(2) has conferred upon the citizens a “priceless right by clothing them” with the right to demand information even in respect of such matters as security of the country and matters relating to relation with foreign state.
SC upholds constitutional validity of Insolvency and Bankruptcy Code
Section 29A dictates that promoters of companies, which have been classified as nonperforming assets for over a year can’t participate in the resolution process of any company unless the dues are repaid.
SC declared seeking vote to the Religion and Caste illegal and a corrupt.
It has ruled that an election could be annulled if candidates seek votes in the name of their religion or that of their voters.
Court interpreted Section 123(3) of Representation of People Act
Live-Streaming of Court Proceedings
The Supreme Court said “Sunlight is the best disinfectant” and agreed to the live-streaming and video recording of court proceedings.
